Rule 1711.The Plaintiff Class. Exclusion. Inclusion.

Adopted June 30, 1977 · Last amended April 12, 1999 · Last verified June 30, 2026

In one sentenceRule 1711 provides that, on certifying a plaintiff class, the court's order includes every class member unless the member opts out by a specified date.

Full Text of Rule 1711

Text sizeJump to: (a) (b)

(a) Except as provided in subdivision (b) or as otherwise provided by the court, in certifying a plaintiff class or subclass the court shall state in its order that every member of the class is included unless by a specified date a member files of record a written election to be excluded from the class.

(b) If the court finds that

(1) the individual claims are substantial, and the potential members of the class have sufficient resources, experience and sophistication in business affairs to conduct their own litigation; or

(2) other special circumstances exist which are described in the order, the court may state in its order that a person shall not be a member of the plaintiff class or subclass unless by a specified date the person files of record a written election to be included in the class or subclass.

End

Plain-English Summary

This rule sets how membership in a certified plaintiff class works. The certification order states that every member of the class is included unless, by a date the court sets, the member asks to be excluded — the familiar ‘opt-out’ mechanism. Members who do not opt out are bound by the result of the class action.

Frequently Asked Questions

Is a person automatically part of a certified plaintiff class?

Usually yes, unless the member requests exclusion by the date the court sets. Where individual claims are substantial or other special circumstances exist, the court may instead require members to elect to be included.

What does opting out mean?

Asking to be excluded from the class so the class judgment does not bind you.

Amendment History

The provisions of this Rule 1711 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (253386).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text

Also known as: opt out class actionplaintiff class membershipexclusion from class